USIT Ireland Ltd. & Ors, Re [2003] IEHC 44 (30 July 2003)

USIT Ireland Ltd. & Ors, Re [2003] IEHC 44 (30 July 2003)

The obligation imposed on the liquidator by s.56(2) of the Company Law Enforcement Act, 2001 is to bring an application under s.150 of the Companies Act, 1990 in respect of all persons who were directors at the date of, or within twelve months prior to, the commencement of winding-up, unless relieved by the Director...

Source-derived case information.

Citation
[2003] IEHC 44
Parties
Applicant: USIT Ireland Ltd.; Applicant: USIT World.com Limited; Applicant: USIT World Plc (In Liquidation); Respondent: Mr. Gerard Connelly
Jurisdiction
Ireland
Judgment Date
30 July 2003
Procedural Posture
Company Law Application / Preliminary Issue on Liquidator's Obligation Under S.56(2) of the Company Law Enforcement Act, 2001
Outcome
Preliminary issue determined in favour of the official liquidator; obligation to apply under s.150 confirmed.
Legal Topics
Director Restriction, Liquidator's Statutory Obligations, Interpretation of Companies Acts
Company Law Insolvency Law Director Restriction Liquidator's Statutory Obligations Interpretation of Companies Acts

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Parties

USIT Ireland Ltd.

Applicant

USIT World.com Limited

Applicant

USIT World Plc (In Liquidation)

Applicant

Mr. Gerard Connelly

Respondent

Procedural Posture

Company Law Application / Preliminary Issue on Liquidator's Obligation Under S.56(2) of the Company Law Enforcement Act, 2001

Legal Issues

  1. 1 Whether the official liquidator is obliged under s.56(2) of the Company Law Enforcement Act, 2001 to apply for a restriction order under s.150 of the Companies Act, 1990 in respect of persons who were directors within twelve months prior to winding-up

Ratio Decidendi

The obligation imposed on the liquidator by s.56(2) of the Company Law Enforcement Act, 2001 is to bring an application under s.150 of the Companies Act, 1990 in respect of all persons who were directors at the date of, or within twelve months prior to, the commencement of winding-up, unless relieved by the Director of Corporate Enforcement.

Court Disposition

Preliminary issue determined in favour of the official liquidator; obligation to apply under s.150 confirmed.

Orders

  • Official liquidator is obliged to bring an application under s.150 in respect of Mr. Connelly.